Assembly Fracking Hearing Kicks Off; DEC Not Participating

A trio of Assembly committees and commissions are holding a joint hearing on the state’s latest proposals for hydrofracking, where 56 people are slated to testify before a panel of state lawmakers.

But the two state agencies in the midst of a review of fracking will not be participating.

A total of 56 people are slated to testify, according to the official agenda. That includes local officials (including supervisors from the towns of Binghamton and Rochester, Ulster County), industry representatives (Karen Moreau of the New York State Petroleum Council), and various hydrofracking opponents.

The Department of Environmental Conservation declined to participate, according to DEC spokeswoman Emily DeSantis. The three assemblymen hosting the hearing sent a letter to DEC Commissioner Joe Martens earlier this week, asking him to immediately suspend the current comment period on the regulations and reiterating their invitation to participate in today’s hearing.

“DEC has participated in three Assembly hearings on this topic in the past,” DeSantis said in a statement earlier this week. “Currently, we are focused on completing the revisions to the draft SGEIS and reviewing comments we have received on the draft regulations. We will gladly consider Assemblymembers’ comments submitted at the hearing in our continuing review of this issue.”

The comment period expires Friday at 5 p.m.

The Independent Oil & Gas Association, meanwhile, also declined to participate in the hearing, knocking the assemblymen for asking to halt the comment period. The industry group’s reasoning was contained in a letter, which you can read after the jump:

Thank you for extending an invitation to the Independent Oil & Gas Association of New York (IOGA of NY) to appear at your January 10, 2013, hearing regarding the Department of Environmental Conservation’s proposed High Volume Hydraulic Fracturing regulations.

It is with considerable regret that I must inform you that IOGA of NY is not able to participate in this hearing.

IOGA of NY intends to submit comments to the Department of Environmental Conservation (DEC) regarding its revised High Volume Hydraulic Fracturing (HVHF) regulations. However, our comments have not yet been finalized. We would be pleased to provide a copy of our comments to DEC once they are finalized.

I must also inform you that the members of IOGA of NY have concerns regarding the timing of your hearing, as well as your January 7th call for DEC to suspend the current SGEIS comment period.

Our view is that the current environmental review process – which began more than four years ago – should be brought to a conclusion. A number of other states throughout the nation are already responsibly producing shale gas resources without endangering public health, compromising water resources, or harming the environment.

We continue to assert that properly developed and applied regulations regarding HVHF will protect public health and the environment. Our view is that this should be a process in which science guides DEC’s determinations regarding regulations and permit conditions required for gas drilling in the Marcellus Shale and other reservoirs within the state.

It is our strong opinion that when the SGEIS process has been completed, New York will have a program that will continue to provide for safe natural gas drilling in the state’s Marcellus Shale region utilizing technology that is environmentally safe, does not adversely impact human health, and provides tremendous economic opportunities for many New Yorkers.

The natural gas industry has an outstanding safety record in New York State, and we look forward to the opportunity to develop the state’s shale gas resources in a safe and responsible manner. IOGA of NY’s membership – more than 400 business and individuals employing more than 4,500 people working in roles such as scientists, engineers, geologists and energy experts – remains committed to safe operations in New York, just as we have been for more than 100 years.

Once again, thank you for the offer to participate in your January 10, 2013, public hearing on this important issue.

Respectfully submitted,

Brad Gill
Executive Director

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Jon Campbell has been covering government and politics for the Gannett Albany Bureau since May 2011. Previously, he covered health and environmental issues for the Press & Sun-Bulletin in Binghamton, N.Y., with a focus on natural gas development in the Marcellus Shale.

Joseph Spector is Gannett Albany Bureau chief and has covered New York politics and government since 2002. He was the political reporter for the Democrat and Chronicle and has since joined the Albany Bureau, covering state government for all of Gannett New York.

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